Section 400.615 Privilege Concerning Mental Examination of an Accused

Section 400.615  Privilege Concerning Mental Examination

of an Accused

a)         General

Rule.  The accused has a privilege to prevent any statement made by the accused

at a mental examination ordered under Code Section 76a and any derivative

evidence obtained through use of such a statement from being received into

evidence against the accused on the issue of guilt or innocence or during

sentencing proceedings.  This privilege may be claimed by the accused

notwithstanding the fact that the accused may have been warned of the rights

provided by Section 400.625 at the examination.

b)         Exceptions

1)         There

is no privilege under this Section when the accused first introduces into

evidence such statements or derivative evidence.

2)         An

expert witness for the prosecution may testify as to the reasons for the expert's

conclusions and the reasons therefor as to the mental state of the accused if

expert testimony offered by the defense as to the mental condition of the

accused has been received in evidence, but that testimony may not extend to

statements of the accused except as provided in subsection (b)(1).

c)         Release

of Evidence.  If the defense offers expert testimony concerning the mental

condition of the accused, the military judge, upon motion, shall order the

release to the prosecution of the full contents, other than any statements made

by the accused, of any report prepared pursuant to Code Section 76a.  If the

defense offers statements made by the accused at that examination, the military

judge may, upon motion, order the disclosure of those statements made by the

accused and contained in the report as may be necessary in the interests of

justice.

d)         Noncompliance

by the Accused.  The military judge may prohibit an accused who refuses to

cooperate in a mental examination authorized under Code Section 76a from

presenting any expert medical testimony on any issue that would have been the

subject of the mental examination.

e)         Procedure

he

accused and contained in the report as may be necessary in the interests of

justice.

d)         Noncompliance

by the Accused.  The military judge may prohibit an accused who refuses to

cooperate in a mental examination authorized under Code Section 76a from

presenting any expert medical testimony on any issue that would have been the

subject of the mental examination.

e)         Procedure.

The privilege in this Section may be claimed by the accused only under the

procedure set forth in Section 400.620(a) through (g) for an objection or a

motion to suppress. (Il. Mil. R. Evid. 302)